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Sunday, July 16, 2023

Can a military person be tried in civilian court?

That question is pending before the High Court of Kenya, according to this report. The accused is now a civilian but at the time of the charged murders was apparently an active duty major in the Kenya Defence Forces.

Sections 4, 5 and 56 of the Kenya Defence Forces Act would seem to permit civilian trial and exclude trial by court-martial.

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